• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Terminated due to accommodation requests for disability/impairment.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

QuinnHP

Junior Member
What is the name of your state (only U.S. law)? New York

I was the accountant at a college and in July I was diagnosed with CTS/nerve damage (L) and Cervical Radiculopathy. I suffer from pain, weakness, etc and I am scheduled to attended physical therapy 3x a week. To my disappointment my job found that to be "disruptive" to the office needs. I requested accommodations of #1. Being able to attend Physical Therapy 3x a week. #2. Be allowed ample time to complete tasks (though my work quality/output has remained the same). #3. Minor tasks be reassigned to other employees and/or #4. Be transferred to other available positions that can accommodate. My job advised that "legally" they don't have to allow the above accommodations and they are unable to approve it - therefore I was terminated for that reason.

I was offered severance pay if I sign a contract which I believes prevents me from filing future suits/claims.

What should I do?
 


FlyingRon

Senior Member
That one is probably going to be a tough one to claim reasonableness. None of what you appear to ask for is an accommodation the employer has to give you. A new position or giving tasks that are part of your job to others certainly is not something the employer is required to do. There's a difference between being given an accommodation and demanding that they pay you to do a different job. If you can't do the job you were hired for, they are more than free to fire you. Similarly asking for time off doesn't sound reasonable. Lots of people accomplish PT on their own time. I'm not sure wht your "time for tasks" accomodation really means. If you take longer to do something, how can the output be the same? Again, an employer is not required to accept SUBSTANDARD perforamce as an accomodation.
 

ajkroy

Member
What is the name of your state (only U.S. law)? New York

I was the accountant at a college and in July I was diagnosed with CTS/nerve damage (L) and Cervical Radiculopathy. I suffer from pain, weakness, etc and I am scheduled to attended physical therapy 3x a week. To my disappointment my job found that to be "disruptive" to the office needs. I requested accommodations of #1. Being able to attend Physical Therapy 3x a week. #2. Be allowed ample time to complete tasks (though my work quality/output has remained the same). #3. Minor tasks be reassigned to other employees and/or #4. Be transferred to other available positions that can accommodate. My job advised that "legally" they don't have to allow the above accommodations and they are unable to approve it - therefore I was terminated for that reason.

I was offered severance pay if I sign a contract which I believes prevents me from filing future suits/claims.

What should I do?
At least for the time off requests, does FMLA apply? How many hours had you worked the previous year? About how many people does the college employ?
 

justalayman

Senior Member
An employee is expected to avoid time off by scheduling appointments when possible.


Other than that op seems to be seeking protections under the ADA. If op wishes to continue that argument she needs to research what is considered to be a qualifying disability and if she is legally disabled, what protections and requirements the law provides.
 

cbg

I'm a Northern Girl
I cannot even imagine that the EEOC would consider it reasonable to give you all four of these accommodations. That's a whopper of a deal for you if they did, and a serious impact on the employer.

But maybe you didn't mean all four. Maybe you only meant one or two of them. So breaking them down...

#1 is unreasonable even in itself - to allow you time off for physical therapy three times a week, every week, is one heck of a lot of time off. Time off for an occasional doctor's appointment can be reasonable. This is not.

And then on top of that #2, allowing you "ample" time to complete tasks - exactly what is ample? How is it going to affect others who need your work output to do their jobs? And this "ample" time is on top of your being gone three times a week? Or instead of it?

#3 might or might not be reasonable just by itself, depending on what the tasks are, how many of them, and whether or not they are considered "essential functions" of your position. If any of them are essential functions, then right there and by statute it is not reasonable. If they aren't, then it's a maybe. IMO #3 would only be reasonable (giving the qualifiers I've already included) if it is the only accommodation given - if in conjunction with either #1 or #2, it's too much.

As for #4, that is only reasonable if all of the following are true: (a) there is already an open position which they are going to have to fill anyway regardless of your accommodations; (b) you are qualified for that position; (c) the duties of that job fall within your restrictions and will not then require still another accommodation (the job transfer IS the accommodation); and (d); there is no valid seniority system in place which means this position would otherwise go to someone else. ((D) is unlikely in this context but I'm including it for completeness' sake.)

All this being the case, I'm not sure you have much of a legal claim to start with. I'm inclined to say, Take the money and run, son.

Of course, you are free to, and would be wise to, discuss it with an attorney in your state before making a final decision. Details matter.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top